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With reference to the source and your own knowledge, explain how an uncodified constitution differs from a codified constitution. - Edexcel - A-Level Politics - Question 1 - 2014 - Paper 2
Question 1
With reference to the source and your own knowledge, explain how an uncodified constitution differs from a codified constitution.
Worked Solution & Example Answer:With reference to the source and your own knowledge, explain how an uncodified constitution differs from a codified constitution. - Edexcel - A-Level Politics - Question 1 - 2014 - Paper 2
Step 1
Uncodified and Codified Constitutions: Definitions
Answer
An uncodified constitution is characterized by its flexible and pragmatic nature, not being consolidated into a single document. In contrast, a codified constitution is a formal, single source document which outlines the fundamental principles and framework of a state. This rigidity allows codified constitutions to remain stable and provides clear guidelines for governance.
Step 2
Vulnerability and Governmental Authority
Answer
One significant difference is that an uncodified constitution is more vulnerable and can be influenced or altered by a government with a parliamentary majority. The lack of entrenchment in an uncodified system means a government can easily manipulate constitutional provisions. Conversely, a codified constitution provides greater protection against such changes, ensuring that amendments follow a formalized process that includes checks and balances.
Step 3
Judicial Interpretation
Answer
Another key difference lies in the interpretation of constitutional provisions. A codified constitution is subject to judicial interpretation, giving the judiciary a significant role in upholding the constitution. This isn't the case with an uncodified constitution, where the interpretation is often left to political actors and can lack a formal judicial review process.
Step 4
Document Structure and Sources
Answer
A codified constitution consolidates its laws and principles in a single document, making it easier to reference and utilize in legal contexts. In contrast, uncodified constitutions can draw from multiple sources, such as statutes, conventions, judicial decisions, and unwritten traditions, which may lead to ambiguity and inconsistency.
Step 5
Safeguarding Rights
Answer
Codified constitutions often include entrenched rights that are protected from alteration without a rigorous process. In contrast, the uncodified nature may lead to potentially weaker safeguards for rights as constitutional changes are susceptible to the prevailing political climate.